NYU Law Democracy Project
@democracyproject.bsky.social
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New Project at NYU School of Law exploring the challenges facing democracy today. democracyproject.org
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democracyproject.bsky.social
"...with meaningful protections for decisional independence and expertise alongside political oversight, can guard against such abuse and mitigate the dangers of presidential unilateralism."
democracyproject.bsky.social
Metzger: "The second Trump Administration provides a cautionary tale about how the powers of administrative government can be abused. Yet an equally important lesson is that a well-functioning administrative state,..."
democracyproject.bsky.social
"...There is only one solution—a genuinely bipartisan effort to reform the National Emergencies Act. During President Trump’s first term, not a time noted for concord between the parties, such an effort received broad support across party lines."
democracyproject.bsky.social
Galston: "The president declares an emergency, the odds are that he will be able to keep it in force as long as he wishes. Making matters worse, the judiciary has been very reluctant to intervene in legal challenges to presidential emergencies..."
democracyproject.bsky.social
"...pronouncements with universal binding effect...Those who believe in democracy should support a role for democratic institutions in interpreting our fundamental charter of government, rather than relegating them to passive receptacles of the Supreme Court’s diktats."
democracyproject.bsky.social
Mitchell: "supporters of democratic governance should also be willing to challenge the imperious attitudes of the Supreme Court. For too long, the political branches have responded with passivity and acquiescence in response to the Court’s self-proclaimed authority to render constitutional..."
democracyproject.bsky.social
🟣 Idea #26 — Jonathan F. Mitchell, former Texas Solicitor General — “Judicial Supremacy and American Democracy”

Part of @nyulaw.bsky.social Democracy Project "100 Ideas in 100 Days" series

👉 Read here:
democracyproject.org/posts/judici...
Judicial Supremacy and American Democracy
A broad range of views on democracy to help break the stalemate caused by partisan conflict.
democracyproject.org
democracyproject.bsky.social
"...partisan and ideological symmetry: they should favor constitutional understandings that equally protect interests on opposite sides of key divides." - Zachary Price
democracyproject.bsky.social
"Americans’ political divisions have infected constitutional law, threatening to produce entirely partisan understandings of the Constitution...courts need to resist this tendency. Rather than constitutionalizing one set of political preferences, courts should strive, when possible, for..."
democracyproject.bsky.social
"...in adopting a constitutional amendment that would enshrine the number of Supreme Court justices at nine."
democracyproject.bsky.social
"...it would empower transient majorities in Congress to whipsaw the country between sweeping conservative and liberal agendas. Now is the time to eliminate the temptation. Progressives should join with conservatives..."
democracyproject.bsky.social
"[Packing the Court] would undermine the legitimacy of an institution essential to the rule of law. It would initiate a series of expansions that would destroy the capacity of the Court to operate as a deliberative judicial body. And, because it couldn’t happen without eviscerating the Senate’s..."
democracyproject.bsky.social
"...virtues so central to the Founders’ vision of what would make democracy work in America—and they require practice...[O]ur democracy would be strengthened if we could extend the benefits of this kind of participatory structure to other areas of our legal and regulatory systems." -David F. Levi
democracyproject.bsky.social
"The citizen participants were not just making suggestions; they were assuming many of the attributes of decision makers...all participants were advocating, compromising, and collaborating on behalf of what they saw as the public interest. These are the essential skills of democracy—the civic..."
democracyproject.bsky.social
"...The fact that they cannot be jailed, deported, or tortured vests organizations with greater responsibility to take risks on behalf of everyone who has a stake in preserving the liberal order. When these institutions bowl over, democracy loses."
democracyproject.bsky.social
Isiksel: "Authoritarianism succeeds by making dissent costly. When the authoritarian gale sends citizens running for cover, civil society organizations must anchor democratic principles..."
Reposted by NYU Law Democracy Project
ruleoflawlab.bsky.social
Autocrats have joined forces and are deploying common tactics to consolidate power. Why shouldn't democracy advocates learn across borders too?

Read the Lab's latest @democracyproject.bsky.social on why transnational learning is essential to restoring democracy democracyproject.org/posts/transn...
democracyproject.bsky.social
"Cross-sectoral civil society coalitions in Brazil and Poland, for example, proved crucial in resisting authoritarian advances...[C]ivil societies...would do well to reach across national boundaries to learn from each other & develop practical tools for defending democracy & the rule of law." -Singh